South Carolina General Assembly
119th Session, 2011-2012
Journal of the Senate

Tuesday, January 24, 2012
(Statewide Session)

Indicates Matter StrickenIndicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:

In Jeremiah the Lord declares:

" 'For I know the plans I have for you... plans to prosper you and not to harm you, plans to give you hope and a future'."
(Jeremiah 29:11)

Join me as we bow in prayer, if you will:

Holy God, there are so many moments when we read the headlines on our iPads and when we observe the world around us, and we find ourselves exclaiming: "Oh, my." After all, we are living in a difficult age, in an unsettled world, in a tumultuous time. But we all need to make ourselves stop far short of panic mode. Rather, we need to trust more than ever in You. O God, be with each of these Senators and their able staff members. Remind them in clear and direct fashion that Your plans for our future are full of hope. Therefore, by Your grace, lead these leaders to trust totally in You and in Your promises--and to do what is right. In Your loving name we pray, Lord.
Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

MESSAGE FROM THE GOVERNOR

The following appointment was transmitted by the Honorable Nikki Randhawa Haley:

Local Appointment

Initial Appointment, Greenville County Board of Voter Registration, with the term to commence March 15, 2010, and to expire March 15, 2012

Senator LARRY MARTIN raised a Point of Order under Rule 27 that the speaker was out of order inasmuch as he had exceeded the "brief statement" provision under the rule.

Senators FORD, SHEHEEN, MALLOY and BRIGHT spoke on the Point of Order.

Objection

Senator SETZLER asked unanimous consent to make a motion that the speaker be granted leave to conclude his remarks.

Senator LARRY MARTIN objected.

The PRESIDENT took the Point of Order under advisement.

Senator BRYANT resumed explaining the Bill.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1126 (Word version) -- Senators Peeler, McConnell, Bryant, Verdin, Grooms, O'Dell, L. Martin, Shoopman, Ryberg, Campbell, Ford, Leatherman and Alexander: A BILL TO AMEND SECTION 48-1-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING THE DISCHARGE OF POLLUTANTS INTO THE ENVIRONMENT AND REMEDIES FOR VIOLATIONS, SO AS TO PROVIDE EXEMPTIONS AND LIMITATIONS ON THESE EXEMPTIONS AND TO SPECIFY THAT NO PRIVATE CAUSE OF ACTION IS CREATED BY OR EXISTS UNDER THE POLLUTION CONTROL ACT; TO AMEND SECTION 48-1-130, RELATING TO FINAL ORDERS OF THE DEPARTMENT DISCONTINUING DISCHARGE OF POLLUTANTS, SO AS TO DELETE PROVISIONS RELATING TO REQUIRED PROCEDURES PRECEDING THE ISSUANCE OF A FINAL ORDER AND TO PROVIDE THAT AN ORDER IS SUBJECT TO REVIEW PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 48-1-250, RELATING TO WHOM BENEFITS FROM CAUSES OF ACTION RESULTING FROM POLLUTION VIOLATIONS INURE, SO AS TO PROVIDE THAT NO PRIVATE CAUSE OF ACTION IS CREATED BY OR EXISTS UNDER THE POLLUTION CONTROL ACT; AND TO MAKE THESE PROVISIONS RETROACTIVE AND EXTINGUISH ANY RIGHT, CLAIM, OR CAUSE OF ACTION ARISING UNDER OR RELATED TO THE POLLUTION CONTROL ACT, SUBJECT TO EXCEPTIONS FOR THE STATE AND ITS SUBDIVISIONS.
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Read the first time and referred to the Committee on Medical Affairs.

S. 1127 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 1-30-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING, AMONG OTHER THINGS, TO THE CREATION OF THE DEPARTMENTS OF STATE GOVERNMENT AND THEIR GOVERNING AUTHORITY, SO AS TO ELIMINATE THE SPECIFIC NUMBER OF BOARD MEMBERS THAT MUST BE APPOINTED TO GOVERN A DEPARTMENT; TO AMEND SECTIONS 40-9-30 AND 40-9-37, BOTH RELATING TO MEMBERSHIP ON THE BOARD OF CHIROPRACTIC EXAMINERS, SO AS TO INCREASE BOARD MEMBERSHIP BY ADDING A MEMBER TO BE APPOINTED FROM THE NEWLY CREATED SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 40-15-20, RELATING TO MEMBERSHIP ON THE STATE BOARD OF DENTISTRY, SO AS TO INCREASE BOARD MEMBERSHIP BY ADDING A MEMBER TO BE APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT AND BY ADDING AN ADDITIONAL LAY MEMBER; TO AMEND SECTION 40-33-10, RELATING TO MEMBERSHIP ON AND DUTIES OF THE STATE BOARD OF NURSING, SO AS TO INCREASE BOARD MEMBERSHIP BY ADDING A MEMBER TO BE APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT AND TO DELETE THE PROVISION AUTHORIZING THE BOARD TO ESTABLISH A FEE SCHEDULE IN REGULATIONS; TO AMEND SECTION 40-43-40, RELATING TO MEMBERSHIP ON THE STATE BOARD OF PHARMACY, SO AS TO INCREASE BOARD MEMBERSHIP BY ADDING A MEMBER TO BE APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 40-45-10, RELATING TO MEMBERSHIP ON THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS, SO AS TO INCREASE BOARD MEMBERSHIP BY ADDING A MEMBER TO BE APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT AND BY ADDING AN ADDITIONAL MEMBER FROM THE GENERAL PUBLIC; TO AMEND SECTION 40-47-10, RELATING TO MEMBERSHIP ON AND DUTIES OF THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO INCREASE BOARD MEMBERSHIP BY ADDING A MEMBER TO BE APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT AND TO DELETE THE PROVISION AUTHORIZING THE BOARD TO ESTABLISH AN INITIAL FEE SCHEDULE IN REGULATIONS; TO AMEND 40-47-11, RELATING TO MEMBERSHIP ON THE MEDICAL DISCIPLINARY COMMISSION, SO AS TO DECREASE COMMISSION PHYSICIAN MEMBERSHIP FROM THIRTY-SIX TO THIRTY-FIVE BY CONTINUING TO APPOINT FIVE PHYSICIAN COMMISSIONERS FROM EACH CONGRESSIONAL DISTRICT, BY ELIMINATING THE SIX AT-LARGE PHYSICIAN COMMISSIONERS, AND BY DECREASING LAY COMMISSION MEMBERSHIP FROM TWELVE TO SEVEN BY APPOINTING ONE, RATHER THAN TWO, LAY COMMISSIONERS FROM EACH CONGRESSIONAL DISTRICT; TO AMEND SECTION 40-75-10, RELATING TO MEMBERSHIP ON THE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, MARRIAGE AND FAMILY THERAPISTS, AND PSYCHO-EDUCATIONAL SPECIALIST, SO AS TO INCREASE BOARD MEMBERSHIP BY ADDING A MEMBER TO BE APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 44-1-20, RELATING TO MEMBERSHIP ON THE BOARD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO INCREASE BOARD MEMBERSHIP BY ADDING A MEMBER TO BE APPOINTED FROM THE SEVENTH CONGRESSIONAL DISTRICT; TO AMEND SECTION 44-9-30 AND SECTIONS 44-20-210 AND 44-20-225, BOTH AS AMENDED, RELATING, RESPECTIVELY, TO MEMBERSHIP ON THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, MEMBERSHIP ON THE SOUTH CAROLINA COMMISSION ON DISABILITIES AND SPECIAL NEEDS, AND MEMBERSHIP ON CONSUMER ADVISORY BOARDS TO THE COMMISSION ON DISABILITIES AND SPECIAL NEEDS, SO AS TO MAINTAIN THE SEVEN MEMBER MENTAL HEALTH COMMISSION, THE SEVEN MEMBER COMMISSION ON DISABILITIES AND SPECIAL NEEDS, AND THE SEVEN MEMBER CONSUMER ADVISORY BOARDS BY PROVIDING THAT ONE MEMBER MUST BE APPOINTED FROM EACH CONGRESSIONAL DISTRICT AND BY ELIMINATING THE ONE STATE-AT-LARGE MEMBER FROM EACH COMMISSION AND FROM EACH BOARD; BY ADDING SECTION 1-1-1320 SO AS TO PROVIDE FOR THE CONTINUATION OF THE TERM OF A PERSON WHO REPRESENTS A CONGRESSIONAL DISTRICT ON A BOARD, COMMISSION, OR COMMITTEE WHOSE RESIDENCY IS TRANSFERRED TO ANOTHER CONGRESSIONAL DISTRICT BY A CHANGE IN THE COMPOSITION OF THE DISTRICT; TO PROVIDE FOR THE APPOINTMENT OF AN ADDITIONAL MEMBER TO REPRESENT THE CONGRESSIONAL DISTRICT FOR WHICH THE TRANSFERRED MEMBER WOULD HAVE SERVED IF THAT DISTRICT IS UNSERVED BY A RESIDENT MEMBER; AND TO PROVIDE FOR THE EXPIRATION OF TERMS AND VACANCIES OCCURRING IN THE AFFECTED DISTRICTS; AND TO DELETE OBSOLETE LANGUAGE AND MAKE CHANGES NECESSARY TO CONFORM TO THE PROVISIONS OF THIS ACT.
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Read the first time and referred to the Committee on Medical Affairs.

S. 1128 (Word version) -- Senator L. Martin: A SENATE RESOLUTION TO COMMEND THE SPONSORS OF THE NOTHIN' BUT THE BLUESFEST FOR THEIR EFFORTS TO PROMOTE THE PALMETTO STATE'S RICH MUSICAL HERITAGE, TO ENCOURAGE THE CITIZENS OF SOUTH CAROLINA TO ATTEND THE CELEBRATION, SCHEDULED FOR APRIL 19-22, 2012, IN THE CLEMSON AREA, AND TO DECLARE APRIL 2012 AS BLUES MONTH IN SOUTH CAROLINA.
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The Senate Resolution was introduced and referred to the General Committee.

S. 1129 (Word version) -- Senator Ford: A CONCURRENT RESOLUTION TO INVITE THE HONORABLE BARACK H. OBAMA, PRESIDENT OF THE UNITED STATES OF AMERICA, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT ASSEMBLY IN THE CHAMBER OF THE HOUSE OF REPRESENTATIVES AT A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE.
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Read the first time and, on motion of Senator FORD, with unanimous consent, S. 1129 was ordered placed on the Calendar without reference.

S. 1130 (Word version) -- Senators Cleary, Ford, McGill, L. Martin, Nicholson, Rose, Scott, Williams, Leventis, Campbell and Hayes: A BILL TO AMEND SECTION 38-71-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS PROHIBITED OF HEALTH MAINTENANCE ORGANIZATIONS AND BENEFIT PLANS OFFERING MEDICAL EYE CARE OR VISION CARE BENEFITS, SO AS TO PROVIDE A HEALTH MANAGEMENT ORGANIZATION AND BENEFIT PLAN MAY NOT CONDITION THE PARTICIPATION IN ITS MEDICAL EYE CARE NETWORK BY AN OPHTHALMOLOGIST OR OPTOMETRIST ON THE PARTICIPATION OF THE OPHTHALMOLOGIST OR OPTOMETRIST IN A VISION CARE PLAN OFFERED BY OR ADMINISTERED THROUGH THE HEALTH MANAGEMENT ORGANIZATION OR BENEFIT PLAN.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 1131 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 29-3-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO METHODS OF ENTERING A SATISFACTION OF MORTGAGE IN THE PUBLIC RECORDS, SO AS TO PROVIDE THAT THE MORTGAGEE OF RECORD, THE OWNER OR HOLDER OF THE DEBT INSTRUMENT SECURED BY THE MORTGAGE, THE TRUSTEE OR BENEFICIARY OF A DEED OF TRUST, OR THE LEGAL REPRESENTATIVE OR ATTORNEY-IN-FACT OF ANY OF THOSE PARTIES MAY EXECUTE A MORTGAGE SATISFACTION OR DEED OF TRUST RELEASE, AND TO PROVIDE A PROCEDURE AND FORM FOR USE IN THIS EXECUTION.
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Read the first time and referred to the Committee on Banking and Insurance.

S. 1132 (Word version) -- Senators Cleary, Grooms, Ford, Reese, Campbell, McGill, Cromer, Peeler, Rose, Alexander, Setzler, Massey, Anderson, Ryberg, Land, L. Martin and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-37 SO AS TO ALLOW A SCHOOL BUS TO DISPLAY AN IMAGE OF THE UNITED STATES FLAG ON THE FRONT OF THE SCHOOL BUS, AND TO PROVIDE CERTAIN RESTRICTIONS.
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Read the first time and referred to the Committee on Education.

S. 1133 (Word version) -- Senators Cleary, Ford, Grooms, Reese, Campbell, Cromer, Fair, Alexander, Nicholson, Anderson, Hayes, Ryberg and McGill: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALES TAX EXEMPTION FOR MEDICINE SOLD TO A FREE HEALTH CARE CLINIC, SO AS TO EXTEND THE EXEMPTION TO MEDICINE SOLD TO A 501(C)(3) ORGANIZATION FOR USE IN A FREE HEALTH CARE CLINIC.
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Read the first time and referred to the Committee on Finance.

S. 1134 (Word version) -- Senator McGill: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO CAPITAL IMPROVEMENT BOND AUTHORIZATIONS, SO AS TO REVISE THE PURPOSE FOR WHICH CAPITAL IMPROVEMENT BOND AUTHORIZATIONS MAY BE USED AT WILLIAMSBURG TECHNICAL COLLEGE.
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Read the first time and referred to the Committee on Finance.

S. 1135 (Word version) -- Senators Hutto, L. Martin and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 19 TO CHAPTER 3, TITLE 16 SO AS TO DEFINE NECESSARY TERMS, PROVIDE FOR CERTAIN HUMAN TRAFFICKING OFFENSES AND PROVIDE PENALTIES, TO PROVIDE FOR CRIMINAL LIABILITY OF BUSINESS ENTITIES, TO PROVIDE RESTITUTION FOR VICTIMS OF HUMAN TRAFFICKING OFFENSES, TO ESTABLISH AN INTERAGENCY TASK FORCE TO DEVELOP AND IMPLEMENT A PLAN FOR THE PREVENTION OF TRAFFICKING IN PERSONS, TO ALLOW CIVIL ACTIONS BY VICTIMS OF HUMAN TRAFFICKING, TO PROVIDE CERTAIN PROTECTIONS FOR VICTIMS OF HUMAN TRAFFICKING PURSUANT TO THE VICTIMS' BILL OF RIGHTS AND OTHER RELEVANT STATUTORY PROVISIONS; AND TO REPEAL SECTION 16-3-930 RELATING TO TRAFFICKING IN PERSONS FOR FORCED LABOR OR SERVICES.
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Read the first time and referred to the Committee on Judiciary.

S. 1136 (Word version) -- Senator Cleary: A BILL TO AMEND SECTION 6-7-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION AND GEOGRAPHIC GROUPINGS FOR REGIONAL COUNCILS OF GOVERNMENT, SO AS TO DELETE THE REFERENCE TO THE APPOINTMENT PROCESS FOR GEORGETOWN COUNTY; TO AMEND ACT 515 OF 1996, AS AMENDED, RELATING TO THE DEVOLUTION ON THE GOVERNING BODY OF GEORGETOWN COUNTY OF APPOINTMENT AND RECOMMENDATION FOR APPOINTMENT AUTHORITY OF VARIOUS GEORGETOWN COUNTY OFFICES FORMERLY HELD BY THE GEORGETOWN COUNTY LEGISLATIVE DELEGATION, SO AS TO RESTORE THE WACCAMAW REGIONAL PLANNING COUNCIL WHICH IS SUBJECT TO THE ABOVE PROVISIONS; AND TO AMEND ACT 197 OF 1999, RELATING TO THE APPOINTMENT AUTHORITY FOR THE WACCAMAW REGIONAL PLANNING COUNCIL, SO AS TO CONFORM IT TO THE REVISED PROVISIONS OF ACT 515 OF 1996.
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Read the first time and referred to the Committee on Judiciary.

S. 1137 (Word version) -- Senator Shoopman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 40-3-325 AND 40-22-295 SO AS TO ENACT THE "ARCHITECTS' AND ENGINEERS' VOLUNTEER ACT" WHICH PROVIDES IMMUNITY FOR A REGISTERED ARCHITECT OR ENGINEER WHO PROVIDES CERTAIN ARCHITECTURAL OR ENGINEERING SERVICES AT THE SCENE OF A DECLARED EMERGENCY.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1138 (Word version) -- Senators Hayes, Lourie and Jackson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-399 SO AS TO PROHIBIT THE SALE OF CERTAIN DRUGS TO A PERSON FOR WHOM A PURCHASE OF THOSE DRUGS HAS GENERATED A STOP-SALE ALERT ON TWO OCCASIONS DURING A THIRTY-DAY PERIOD, TO SPECIFY THAT THIS PROHIBITION RUNS FOR A SIX-MONTH PERIOD FROM THE DATE OF THE SECOND STOP-SALE OCCURRENCE, AND TO PROVIDE A PENALTY FOR A VIOLATION; TO AMEND SECTION 44-53-375, AS AMENDED, RELATING TO THE UNLAWFUL POSSESSION, MANUFACTURE, AND TRAFFICKING OF METHAMPHETAMINES, SO AS TO REDUCE THE MINIMUM AMOUNT OF THOSE SUBSTANCES THAT CONSTITUTES A VIOLATION; TO AMEND SECTION 44-53-376, RELATING TO THE UNLAWFUL DISPOSAL OF METHAMPHETAMINE WASTE, SO AS TO PROVIDE THE PENALTIES FOR A VIOLATION INCLUDES THE COST OF A RELATED CLEAN UP; TO AMEND SECTION 44-53-398, AS AMENDED, RELATING TO THE SALE OF PRODUCTS CONTAINING EPHEDRINE AND PSEUDOEPHEDRINE, SO AS TO PROVIDE A RETAILER MAY NOT SELL CERTAIN QUANTITIES OF THESE DRUGS TO AN INDIVIDUAL WITHIN A CERTAIN PERIOD OR IF THE PERSON HAS BEEN CONVICTED OF CERTAIN CRIMES RELATED TO METHAMPHETAMINE; AND TO AMEND SECTION 23-3-1200, RELATING TO THE SLED STATEWIDE ELECTRONIC SYSTEM FOR MONITORING THE SALES AND PURCHASES OF NONPRESCRIPTION EPHEDRINE, PSEUDOEPHEDRINE, OR PHENYLPROPANOLAMINE, SO AS TO EXPAND THE DEFINITION OF A RETAILER.
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Read the first time and referred to the Committee on Medical Affairs.

H. 4447 (Word version) -- Reps. Forrester, Allison, Chumley, Tallon and Parker: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BRIDGE THAT CROSSES THE NORTH TYGER RIVER ALONG SOUTH CAROLINA HIGHWAY 296 IN SPARTANBURG COUNTY "CAPTAIN JOHN DAVID HORTMAN BRIDGE" AND ERECT APPROPRIATE MARKERS OR SIGNS AT THIS BRIDGE THAT CONTAIN THE WORDS "CAPTAIN JOHN DAVID HORTMAN BRIDGE".

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 4552 (Word version) -- Reps. Gilliard, Anderson, King, Cobb-Hunter, Howard, McEachern and J. E. Smith: A CONCURRENT RESOLUTION TO INVITE THE HONORABLE BARACK H. OBAMA, PRESIDENT OF THE UNITED STATES OF AMERICA, TO ADDRESS THE SOUTH CAROLINA GENERAL ASSEMBLY IN JOINT ASSEMBLY IN THE CHAMBER OF THE HOUSE OF REPRESENTATIVES AT A TIME TO BE DETERMINED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT PRO TEMPORE OF THE SENATE.

The Concurrent Resolution was introduced and referred to the Committee on Invitations.

H. 4591 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 917 IN DILLON COUNTY FROM 1131 SOUTH CAROLINA HIGHWAY 917 EAST TO 608 SOUTH CAROLINA HIGHWAY 917 EAST "BRIGADIER GENERAL CARROLL G. ALLEN, SR. HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS HIGHWAY THAT CONTAIN THE WORDS "BRIGADIER GENERAL CARROLL G. ALLEN, SR. HIGHWAY".

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

H. 4606 (Word version) -- Reps. Hayes, Anthony and McEachern: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF WEST CALHOUN STREET FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 57 TO UNITED STATES HIGHWAY 301 AND THE PORTION OF EAST CALHOUN STREET FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 34 TO ITS INTERSECTION WITH UNITED STATES HIGHWAY 301 "PAUL J. GLENN HIGHWAY" AND ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "PAUL J. GLENN HIGHWAY".

The Concurrent Resolution was introduced and referred to the Committee on Transportation.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

READ THE SECOND TIME

H. 4594 (Word version) -- Rep. Hodges: A JOINT RESOLUTION TO EXTEND THE DEADLINE FOR THE MICROENTERPRISE DEVELOPMENT STUDY COMMITTEE TO SUBMIT ITS WRITTEN REPORT FROM JANUARY 20, 2012, TO SEPTEMBER 1, 2012.

The Senate proceeded to a consideration of the Resolution, the question being the second reading of the Resolution.

The Resolution was read the second time and ordered placed on the Third Reading Calendar.

CARRIED OVER

S. 1031 (Word version) -- Senators Lourie, L. Martin, Elliott and Setzler: A BILL TO AMEND SECTION 56-5-5660(E)(1) OF THE 1976 CODE, RELATING TO THE APPLICATION FOR AND ISSUANCE OF DISPOSAL AUTHORITY CERTIFICATES, TO INCREASE THE AGE OF A VEHICLE THAT MAY BE DISPOSED OF BY A DEMOLISHER WITHOUT A CERTIFICATE OF TITLE OR OTHER NOTICE REQUIREMENTS FROM EIGHT TO FIFTEEN YEARS; TO AMEND SECTION 56-5-5670(A), RELATING TO DUTIES OF DEMOLISHERS PRIOR TO DEMOLISHING A VEHICLE ABANDONED ON A HIGHWAY, TO ESTABLISH A FIFTEEN DAY WAITING PERIOD BEFORE A DEMOLISHER MAY WRECK, DISMANTLE, OR DEMOLISH A VEHICLE UNLESS THE DEMOLISHER IS PROVIDED WITH A CERTIFICATE OF TITLE, AN AUCTION SALES RECEIPT, A DISPOSAL AUTHORITY CERTIFICATE, OR AN AFFIDAVIT OF PROOF OF LAWFUL POSSESSION; TO AMEND SECTION 56-5-5670(D), RELATING TO PENALTIES FOR DEMOLISHERS THAT BREACH DUTIES ESTABLISHED IN THIS SECTION, TO INCREASE PENALTIES FOR VIOLATIONS OF SECTION 56-5-5670; TO AMEND ARTICLE 39, CHAPTER 5, TITLE 56, RELATING TO THE DISPOSITION OF ABANDONED MOTOR VEHICLES ON HIGHWAYS, BY ADDING SECTION 56-5-5680 TO PROVIDE FOR AN AFFIDAVIT OF LAWFUL POSSESSION THAT A DEMOLISHER MAY ACCEPT IN LIEU OF A CERTIFICATE OF TITLE, AN AUCTION SALES RECEIPT, OR A DISPOSAL AUTHORITY CERTIFICATE, TO PROVIDE FOR THE CONTENTS OF THE AFFIDAVIT, TO PROVIDE THAT IT IS A FELONY TO KNOWINGLY PROVIDE FALSE INFORMATION IN THE AFFIDAVIT, TO REQUIRE A DEMOLISHER ACCEPTING AN AFFIDAVIT TO TRANSMIT THE INFORMATION CONTAINED IN THE AFFIDAVIT TO THE DEPARTMENT OF MOTOR VEHICLES, TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO REPORT THE INFORMATION TRANSMITTED BY THE DEMOLISHER TO THE NATIONAL MOTOR VEHICLE TITLE INFORMATION SYSTEM, AND TO PRESCRIBE THE APPROPRIATE USES OF THE INFORMATION; TO AMEND SECTION 56-5-5945, RELATING TO DUTIES OF DEMOLISHERS PRIOR TO DEMOLISHING AN ABANDONED OR DERELICT MOTOR VEHICLE FOUND ON PRIVATE PROPERTY, TO ESTABLISH A FIFTEEN DAY WAITING PERIOD BEFORE A DEMOLISHER MAY WRECK, DISMANTLE, OR DEMOLISH AN ABANDONED VEHICLE UNLESS THE DEMOLISHER IS PROVIDED WITH A CERTIFICATE OF TITLE, A SALES RECEIPT ISSUED PURSUANT TO SECTION 56-5-5850, OR AN AFFIDAVIT OF PROOF OF LAWFUL POSSESSION, AND TO INCREASE PENALTIES FOR VIOLATIONS OF SECTION 56-5-5945; AND TO REQUIRE THE DEPARTMENT OF MOTOR VEHICLES TO ESTABLISH A MECHANISM FOR THE ELECTRONIC TRANSMISSION OF THE INFORMATION REQUIRED UNDER THIS ACT AT NO CHARGE TO THE DEMOLISHER SUBMITTING THE INFORMATION.

On motion of Senator LARRY MARTIN, the Bill was carried over.

CARRIED OVER

S. 1056 (Word version) -- Senators Peeler, Cromer, Alexander, Larry Martin, Thomas, Setzler, Ryberg, Rose and Grooms: A BILL TO AMEND SECTION 44-53-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH CHANGES TO SCHEDULES OF CONTROLLED SUBSTANCES MAY BE MADE BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE THAT THE EXISTENCE OF A RECOGNIZED MEDICAL USE OF A SUBSTANCE MUST BE CONSIDERED BY THE DEPARTMENT WHEN MAKING A RECOMMENDATION TO THE GENERAL ASSEMBLY ABOUT ADDING A SUBSTANCE TO A SCHEDULE, TO PROVIDE FOR THE ADDITION, DELETION, OR RESCHEDULING OF A CONTROLLED SUBSTANCE BY THE DEPARTMENT WHEN A CORRESPONDING ADDITION, DELETION, OR RESCHEDULING OF THE DRUG BY FEDERAL LAW OR REGULATION OCCURS, TO PROVIDE FOR THE EMERGENCY DESIGNATION OF A SUBSTANCE AS A SCHEDULE I SUBSTANCE, AND TO PROVIDE AN EXEMPTION FROM ORDINARY PROMULGATION REQUIREMENTS; AND TO AMEND SECTION 44-53-190, AS AMENDED, RELATING TO SCHEDULE I CONTROLLED SUBSTANCES, SO AS TO DEFINE AND ADD SYNTHETIC CANNABINOIDS, CATHINONES, AND SUBSTITUTED CATHINONES TO THAT SCHEDULE.

On motion of Senator SETZLER, the Bill was carried over.

MOTION ADOPTED

On motion of Senator CLEARY, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Gerri E. Parker of Myrtle Beach, S.C. She was a retired bookkeeper with St. James Elementary School for 31 years. She was the beloved wife of Bill and devoted mother, grandmother and great-grandmother.

LOCAL APPOINTMENT
Confirmation

Having received a favorable report from the Senate, the following appointment was confirmed in open session:

Initial Appointment, Greenville County Board of Voter Registration, with the term to commence March 15, 2010, and to expire March 15, 2012